Inland Spouse/Common-Law Sponsorship Open Work Permit
The Inland Spouse/Common-Law Sponsorship Open Work Permit in Canada is a valuable tool for reuniting families and allowing spouses and common-law partners to work legally in the country while their sponsorship applications are processed. By meeting the eligibility criteria and following the application process diligently, couples can enjoy the benefits of financial independence, healthcare coverage, and the opportunity to build a life together in Canada. This open work permit is a testament to Canada’s commitment to family reunification and fostering a welcoming environment for immigrants.
Understanding the Spouse Open Work Permit OWP
A Spouse Open Work Permit provides the spouse of certain temporary Canadian permit holders with the freedom to work anywhere in Canada for any employer, subject to minimal restrictions.
Spousal Common Law Sponsorship
Outland Sponsorship
An Outland application is generally pursued when the sponsored partner is living outside of Canada. However, Outland applicants can still be in Canada and apply through the Outland program and may be permitted to travel in and out of Canada throughout the application process. Outland applications are processed through the visa office that serves the applicant’s country of origin, or where they have resided legally for at least one year.
Inland Spousal Common Law Sponsorship
The other potential option for Spousal/Common-Law Sponsorship is the Inland route. Inland sponsorship is when the couple is together in Canada and the foreign spouse/common-law partner has temporary status in Canada, either as a worker, student, or visitor. The person being sponsored may be eligible for an Open Work Permit, allowing him or her to work for any employer in Canada while the sponsorship application is being processed.
What is Inland Sponsorship?
Inland sponsorship is a unique immigration process that enables Canadians and permanent residents to sponsor their foreign spouses or common-law partners who are already residing with them in Canada. The essential requirement for Inland sponsorship is that the couple must be legally living together in Canada during the application process.
To be eligible for Inland sponsorship, the sponsored foreign spouse or partner must also have valid temporary status in Canada. This status can be as a worker, student, or visitor. This eligibility criterion ensures that the couple continues to live and thrive together in Canada throughout the immigration process.
The Inland sponsorship route leads to the ultimate goal of obtaining Canadian permanent resident status for the sponsored person. Both the Canadian citizen or permanent resident and the foreign national must receive approval from Immigration, Refugees and Citizenship Canada (IRCC) for this status change to occur.
One significant advantage of opting for Inland sponsorship is the possibility of obtaining an Open Work Permit (OWP) for the sponsored person. An OWP allows them to work full-time in Canada while their application for permanent residence is being processed. This added benefit not only eases the financial strain but also provides emotional relief during what can be a lengthy application process.
Find out if you are eligible to get in Canada →
How does it work?
The Inland sponsorship process comprises two main components:
- Sponsorship Application: The Canadian citizen or permanent resident (the sponsor) initiates the process by applying to become a sponsor. The sponsor must meet specific eligibility criteria and responsibilities, such as being financially capable of supporting the sponsored person.
- Permanent Residence Application: Simultaneously, the sponsored foreign spouse or partner must submit an application for permanent residence in Canada. This application involves gathering essential supporting documents, completing required forms, and submitting them to the appropriate visa office.
Throughout the Inland sponsorship application, it is generally expected that both the sponsor and the sponsored person will remain in Canada. This is crucial to meet the requirement of legally living together during the application process.
Inland Spouse/Common-Law Sponsorship Open Work Permit
The Spousal Sponsorship program falls under the Family Class immigration category, offering an opportunity for Canadian citizens or permanent residents (the sponsors) to sponsor their spouses, common-law partners, or conjugal partners (the sponsored individuals) for Canadian permanent residency.
Immigration, Refugees, and Citizenship Canada (IRCC) strives to process Spousal Sponsorship program applications within a reasonable timeframe of 12 months. To alleviate the financial and emotional strains of the application process, the Open Work Permit for Spouses, and Common-Law Partners emerges as a valuable solution, eliminating the need for individuals to choose between being with their loved ones and being gainfully employed.
What is an Open Work Permit?
An open work permit is a unique document that is not tied to any specific employer or job position. It grants the holder the flexibility to work for virtually any Canadian employer without the prerequisite of securing a confirmed job offer.
Eligibility Criteria for Inland Spouse/Common-Law Sponsorship Open Work Permit
To be considered eligible for an open work permit, foreign nationals must meet the following criteria:
- Principal Applicant: The applicant should be the principal applicant who has submitted a permanent residence application under the Spouse or Common-Law Partner in Canada Class. Alternatively, they can apply as a spouse, common-law partner, or conjugal partner under the Family Class, provided their application has been accepted for processing by IRCC after undergoing a completeness check and has not been refused or withdrawn.
- Duration of Work Permit: The work permit application must specify a maximum duration of two years.
- Sponsorship Application: The applicant should be the subject of a sponsorship application submitted by their Canadian citizen or permanent resident spouse, common-law partner, or conjugal partner.
- Shared Residential Address: At the time of application, the applicant must reside at the same address as their sponsor in Canada.
- Valid Temporary Resident Status: The applicant must possess a valid temporary resident status in Canada or be eligible for and have already applied for the restoration of their status.
It is crucial to note that both the applicant and the sponsor must meet all the eligibility requirements stipulated under the spousal or common-law partner sponsorship category.
Approval In Principle (AIP)
IRCC has cleared your permanent residence application, but the processing for medical exams and security/background checks has not been completed. It means that while it successfully passed through several stages, IRCC may still deny you.
A foreign national who is out of status in Canada must wait until their permanent residence application has received approval before they can apply for a work permit.
After Sponsorship
Permanent residence granted under the Spousal Sponsorship program carries certain conditions that must be met:
- The sponsor is financially responsible for the person sponsored for three years after the sponsored person becomes a Permanent Resident.
- Individuals who come to Canada as spouses are themselves barred from sponsoring a spouse in turn for five years after receiving Canadian Permanent Residence.